Russia's Supreme Court puts end to two cases Penza-Press and VPenze.ru
Penza, 22 August 2016. PenzaNews. One year, two months and 11 days, as well as the unanimous position of the courts of four instances, including the Supreme Court of Russia, were required to put an end to the two cases of companies “Penza-Press” and “VPenze.ru” on illegal use of photos owned by PenzaNews agency, the copyright holder of which is LLC VolgaInterMedia.
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As it became known on Monday, August 22, the judge of the Supreme Court of the Russian Federation Ramziya Hatypova, examining appeals of organizations supporting the defendants, issued a ruling in both cases on Friday.
According to the documents, copies of which are available to PenzaNews, LLC Penza-Press and LLC VPenze.ru are denied the transfer of appeals for consideration in the highest judicial body of the country.
“The arguments set out in the appeal do not refute the findings of the courts, do not confirm significant violations of the courts of substantive and procedural law, which influenced the outcome of the case, and by virtue of Article 291.6 of the Arbitration Procedure Code of the Russian Federation are not the basis for the transmission of the claim for consideration in the hearing of the judicial association [on economic disputes] of Russian Federation Supreme Court,” both rulings dated August 19, state.
As PenzaNews reported earlier, both claims about the illegal use of PenzaNews photos by LLC Penza-Press and LLC VPenze.ru were submitted to the Arbitration Court of the Penza region on June 8, 2015. In the late fall - early winter, both suits were satisfied in full.
LLC Penza-Press, which is the founder of the advertising and information newspaper “ProPenza” with circulation of 150 thousand copies, was obliged to pay 52 thousand rubles for the use of a photo — 50 thousand rubles as compensation and 2 thousand rubles state fee. The same amount, but for the use of two photos on the website of the same owner, the court decided to recover from LLC VPenze.ru in favor of LLC VolgaInterMedia.
Disagreeing with the decision, the defendant's representative Radik Musautov sent two complaints to Samara, which were considered jointly - three judges of the Eleventh Appellate Court. They confirmed the correctness of the conclusions reflected in the decisions of the Arbitration Court of the Penza region. As a result, the two appeals were dismissed.
Despite this, Penza-Press and VPenze.ru sent a complaint to the third - cassation - court. In May 2016 Moscow court for intellectual property rights considered the claims jointly and in different combinations of judges, ordered to leave previous judicial acts without changes.
In mid-July 2016 the representative of Penza-Press and
VPenze.ru Radik Musautov sent a complaint to the Supreme Court of Russia, considering all the previously adopted decisions and resolutions “illegal, unfounded and irrevocable.” On August 19 the judge of the highest judicial body of the country Ramziya Hatypova issued a ruling in both cases to refuse the transfer for consideration in the hearing of the Judicial Board on Economic Disputes of the Supreme Court.
In addition, in June - July 2016, the Arbitration Court of the Penza region issued two rulings to recover legal costs from the defendants in full: Penza-Press — 60,550 rubles, VPenze.ru — 66,050 rubles.
Court acts were not appeal in the appellate court within the statutory period of one month.
Both companies, the director of which is Ilmira Musautova, did not pay the stated amounts voluntarily. As a result, the bailiffs, during a visit to the editorial office seized the property of VPenze.ru. The same day, the management of Penza-Press handed them cash in the amount of 52 thousand rubles to repay the debt.
According to the information placed in a bank of executive productions on the official website of the Federal Bailiff Service, as of August 22, 2016 the debt of Penza-Press to the founder of PenzaNews is 60,550 rubles, VPenze.ru owes 106,594.14 rubles.
In addition, VPenze.ru is payable on insurance premiums, including interest, 7 rubles 97 kopecks.
Bailiffs of Leninsky district FSSP of Russia in the Penza region are actively working in respect of the two organizations.